A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §19-34-1, §19-34-2,
§19-34-3, §19-34-4, §19-34-5, §19-34-6, §19-34-7, §19-34-8,
§19-34-9and §19-34-10, all relating to the regulation of
dangerous wild animals; setting forth findings and purpose;
defining terms; creating the Dangerous Wild Animal Board;
setting forth the duties of the board; requiring the board to
create a list of dangerous wild animals by rule; permitting
the board to issue a permit for a dangerous wild animal
legally possessed prior to the effective date of the rules;
prohibiting the possession of a dangerous wild animal
thereafter; setting forth permit requirements;providing for
confiscation and disposition of animals; permitting the
suspension and revocation of permits; providing exemptions;providing rule-making authority; and establishing criminal and
civil penalties.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §19-34-1, §19-34-2,
§19-34-3, §19-34-4, §19-34-5, §19-34-6, §19-34-7, §19-34-8, §19-34-9and §19-34-10, all to read as follows:

ARTICLE 34. DANGEROUS WILD ANIMALS ACT.

§19-34-1. Findings and purpose.

The possession of dangerous wild animals presents serious
public health and safety concerns and shall be regulated for the
following reasons:

(1) To prevent the introduction or spread of disease or
parasites harmful to humans, domestic livestock and poultry,
wildlife and captive wild animals;

(2) To ensure the physical safety of humans;

(3) To prevent the escape or release of an animal injurious to
or competitive with agricultural, horticultural, forestry, wildlife
and other natural resources; and

(4) To prevent the mistreatment of permitted dangerous wild
animals.

§19-34-2. Definitions.

As used in this article unless otherwise specified:

(1) “Board” means the Dangerous Wild Animal Board;

(2) “Dangerous wild animal” means a mammal, bird, reptile,
amphibian and aquatic animal, including a hybrid, that is dangerous
to humans, other animals or the environment due to its inherent
nature. “Wildlife”, as defined by section two, article one,
chapter twenty of this code, “agricultural animals”, as defined in
section two, article ten-b and section two, article twenty-nine,
chapter nineteen of this code, and “domestic animals”, as defined
in this section, are excluded. The board shall develop a
comprehensive list of dangerous wild animals pursuant to the rule-making authority of this article.

(3) “Domestic animal” means an animal which, through extremely
long association with humans, has been bred to a degree which has
resulted in genetic changes affecting the temperament, color,
conformation or other attributes of the species to an extent that
makes it unique and distinguishable from a wild individual of its
species, and includes an animal that has been bred as a companion
animal.

§19-34-3.Prohibition on the possession of a dangerous wild animal;
exceptions.

(a) Except as otherwise provided in this article, a person may
not possess a dangerous wild animal.

(b) Pursuant to the provisions of this article, the board may
issue a permit for the possession of a dangerous wild animal if the
applicant was in legal possession of the animal prior to the
effective date of the rules promulgated under this article.

(a) The Dangerous Wild Animal Board is hereby established with
the following members: the Commissioner of the Department of
Agriculture, the Secretary of the Department of Health and Human
Resources and the Director of the Division of Natural Resources, or
their designees.

(b) The Commissioner of Agriculture shall serve as the chair,
the Secretary of the Department of Health and Human Resources as
the vice chair and the Director of the Division of Natural
Resources shall serve as the secretary of the board. The Department
of Agriculture shall provide necessary staff and support services
to the board as needed.

(5) Annually review the list of prohibited dangerous wild
animals to determine if animals should be added or subtracted from
the list; and

(6) Address any other issues required by this article.

§19-34-5. Permit applications, requirements, issuance and
revocation.

(a) Application. – A person applying for a permit to possess
a dangerous wild animal shall submit an application that includes
the following:

(1) A fee established by the board for each dangerous wild
animal;

(2) The name, address and telephone number of the applicant,
and the address where the dangerous wild animal is located;

(3) A description of each dangerous wild animal, including the
scientific name, common name, permanent and unique identifier, and
any information that would aid in the identification of the animal;
and

(4) A description of the exact location on the property and a
description of the enclosure or cage where each dangerous wild
animal is kept.

(b) Permit requirements and restrictions. – The application
shall state, and the person shall acknowledge his or her
understanding, that:

(1) He or she may not breed, receive or replace a dangerous
wild animal;

(2) He or she shall notify the sheriff or humane officer in
his or her county immediately if the dangerous wild animal escapes;

(3) He or she may not allow the dangerous wild animal to come
into physical contact with a person other than the permitee, the
animal’s designated handler, an employee of a law-enforcement
agency enforcing this article or a veterinarian administering
medical treatment or care;

(4) He or she has not been convicted for an offense involving
the abuse or neglect of any animal;

(5) He or she has not had a permit or license concerning the
care, possession, exhibition, breeding or sale of a dangerous wild
animal revoked or suspended by a governmental agency;

(6) He or she shall permanently mark each dangerous wild
animal with a unique identifier;

(7) He or she shall maintain records for each dangerous wild
animal, including veterinary records, acquisition papers, the
purchase date and other records that prove ownership of the
dangerous wild animal;

(8) He or she presents proof of liability insurance in an
amount of not less than $100,000 with a deductible of not more than
$250 for each occurrence of property damage, bodily injury or death
caused by a dangerous wild animal possessed by the person;

(9) He or she shall notify the board not less than three days
before a dangerous wild animal is sold or transferred to another
person out of state;

(10) He or she may not sell or otherwise transfer dangerous
wild animals in the state without the written consent of the board;

(11) He or she shall notify the board of any plans to move or
change his or her address, and may not move the animal without the
written consent of the board. However, in the event of a medical
emergency, a dangerous wild animal may be transported to a licensed
veterinarian’s facility for treatment and care if the animal is at
all times confined sufficiently to prevent escape; and

(12) He or she shall comply with all rules promulgated by the
board pursuant to the provisions of this article.

(c) The board may issue a permit to possess a dangerous wild
animal if it determines that the applicant has met the requirements
of this article.

(d) A permit to possess a dangerous wild animal is valid for
one calendar year and must be renewed annually.

§19-34-6. Confiscation and disposition of animals; suspension and
revocation of permits.

(a) A law-enforcement officer, county humane officer or the
state veterinarian may immediately confiscate or euthanize any
dangerous wild animal if the animal poses an immediate risk to
public health or safety regardless of whether or not the owner of
the animal has a permit issued under this article.

(b) The board may summarily suspend a permit issued under this
article if one of the following conditions exists:

(1) An animal whose owner has a permit issued under this
article is in a position to harm another animal;

(2) A permitted animal poses a risk to public health or
safety; or

(3) The permitee has violated a provision of this article.

(c) In the event of the suspension of a permit or confiscation
of an animal pursuant to this section, the dangerous wild animal
may be transferred to another permitee in compliance with the
provisions of this article, if the transfer would abate the
imminent harm to the animal or the public as determined by the
responding law-enforcement officer, county humane officer or state
veterinarian. If the transfer of the dangerous wild animal cannot
be accomplished without additional risk to public safety, or if no
suitable facility is available for transfer, the responding
law-enforcement officer, county humane officer or veterinarian may
humanely euthanize the animal.

(d) Upon conviction of an offense under this article or any
other animal cruelty statute, the board shall revoke that persons
permit.

(e) The board may, for cause, revoke a permit.

(f) A person aggrieved by action of the board may appeal to
circuit court.

§19-34-7. Exemptions.

(a) The permitting provisions of this article do not apply to:

(1) Institutions accredited by the Association of Zoos and
Aquariums (AZA) or an AZA-certified facility;

(2) An animal control or law-enforcement agency or officer
acting under the authority of this article;

(5) A research facility as defined in the Animal Welfare Act,
7 U. S. C. §2132(e), as amended;

(6) A circus that is an incorporated, class c licensee under
the Animal Welfare Act, 7 U. S. C. §2132(e), as amended;

(7) A person displaying dangerous wild animals at a fair or
festival that has been preapproved by the board; and

(8) A person temporarily transporting a dangerous wild animal
through the state, if the transit time is not more than forty-eight
hours and the animal is at all times confined sufficiently to
prevent escape.

(b) Qualified exemption. – The permitting provisions of this
article do not apply to exhibitors or dealers licensed under the
Animal Welfare Act, 7 U. S. C. §2132(e), as amended, at the time
the rules become effective. The board may revoke the permitting
exemption for exhibitor or dealer permits that have repeated,
uncorrected violations of the Animal Welfare Act, a conviction of
an animal cruelty statute or a violation of sections seven or ten
of this article.

§19-34-8. Dangerous Wild Animal Fund; creation; purpose.

(a) There is hereby created in the State Treasury a special
revenue account to be designated the Dangerous Wild Animal Fund.
Expenditures from the fund are for the purposes set forth in this
article and are to be made in accordance with appropriation by the
Legislature and in accordance with the provisions of article three,
chapter twelve of this code and upon the fulfillment of the
provisions set forth in article two, chapter eleven-b of this code.

(b) All moneys received and collected pursuant to this article
shall be deposited into the fund and used for the purposes
designated in this article. The fund may receive any
appropriations, gifts, grants, contributions or other money from
any source that is designated for deposit into the fund.

§19-34-9. Rule-making authority.

The Board shall propose rules for legislative approval to
effectuate the provisions of this article in accordance with the
provisions of article three, chapter twenty-nine-a of this code.

§19-34-10. Criminal and civil penalties.

(a) A person who violates a provision of this article is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $200 nor more than $2,000 for each animal with
respect to which there is a violation.

(b) A person who knowingly and intentionally releases a
dangerous wild animal or unlawfully possesses a dangerous wild
animal that does not cause injury to an individual is guilty of a
misdemeanor and, upon conviction, may be confined in jail for not
more than one year or fined not less than $500 nor more than
$2,500, or both confined and fined.

(c) A person who knowingly and intentionally releases a
dangerous wild animal or unlawfully possesses a dangerous wild
animal that injures an individual is guilty of a felony and, upon
conviction thereof, may be imprisoned in a state correctional
institution for not less than one year nor more than three years,
or fined not less than $1,000 nor more than $5,000, or both
confined and fined.

(d) Civil penalty. – A person convicted of an offense under
this article is liable for all costs, including personnel costs,
expended by the county or state agencies involved with the capture,
confinement, transfer or euthanasia of a dangerous wild animal.

(e) The civil liability imposed by this section is in addition
to any other legal remedies for damages to person or property
caused by a dangerous wild animal.